SACHIN SATISH KORE v. RELIANCE COMMERCIAL FINANCE LIMITED

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

1. Heard learned counsel for the petitioner.

2. Despite service, none has appeared for the respondent.

3. By these Transfer Petitions, the petitioners seek transfer of

two proceedings: i) Complaint Case No.48996 of 2024 pending in the

Court of Judicial Magistrate, Calcutta; ii) Complaint Case No.19338

of 2024 pending in the Court at Jaipur, Rajasthan.

4. The submission of the learned counsel for the petitioners is

that insofar as the second case is concerned that relates to an

offence under Section 138 of the Negotiable Instruments Act, 1881

(“NI Act”), whereas the other case relates to a loan transaction

which was entered at Kolhapur and, therefore, the proceedings at

Calcutta would not be appropriate. In that context, the prayer is

to transfer both the cases to Kolhapur, Maharashtra.

5. We have perused the record. From the record, it appears that

the complaint proceedings under Section 138 of the NI Act have been

instituted at Jaipur on the allegations that the collecting Bank’s

Branch was at Jaipur and, therefore, the Court at Jaipur would have

jurisdiction to proceed with the complaint in light of the

provisions of Section 142(2)(a) of the NI Act. As regards, the ca...